Important points:
A person who is aggrieved by an entry in a notified data bank can either approach the Revenue Divisional Officer or the LLMC for appropriate correction therein or for removal of his land from the data bank.

JUDGMENT :

The petitioner holds an item of land measuring 4.05 Ares within the limits of Kadungalloor Village. The land of the petitioner is included in the draft data bank prepared under the Kerala Conservation of Paddy Land and Wetland Act, 2008 (the Act). Although the land of the petitioner is shown in the revenue records as paddy land, the case of the petitioner is that the same was one lying as dry land when the Act came into force and therefore, the same ought not have been included in the data bank prepared under the Act. The petitioner, therefore, preferred Ext.P2 application before the fifth respondent, the Local Level Monitoring Committee (the LLMC) constituted under the Act for removal of his land from the data bank. The grievance voiced by the petitioner in the writ petition concerns the inaction on the part of the LLMC in considering Ext.P2 application. The petitioner, therefore, seeks appropriate directions in this regard in the writ petition.

2. Heard the learned counsel for the petitioner as also the learned Government Pleader.

3. The learned Government Pleader submitted that after the amendment to sub-rule (4) of Rule 4 of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 (the Rules) in terms of SRO 902 of 2018 with effect from 15.12.2018, the LLMCs constituted under the Act are not entertaining applications for removal of lands from the data bank, since in terms of the said amendment, the Revenue Divisional Officers concerned are empowered to exercise that power.

4. In the light of the submission made by the learned Government Pleader, it is necessary to examine the question as to whether the LLMCs constituted under the Act have the necessary power to make appropriate corrections in the data bank after the amendment to sub-rule (4) of Rule 4 of the Rules in terms of SRO 902 of 2018.

5. The procedure for preparation of data bank is provided in the Rules. Rule 4 dealing with the said procedure reads thus:

OTHER LANGUAGE

As evident from the extracted Rule, the data bank to be prepared under the Act is the data bank of the cultivable paddy lands existing as on the date of coming into force of the Rules, viz., 24.12.2008. In terms of sub-rule (2)(1)(a) of Rule 4, the Village Officer has to provide the Agricultural Officer the particulars of the cultivable paddy lands in the village in terms of the revenue records, and the Agricultural Officer has to inspect those lands thereupon to ascertain whether they are cultivable. Thereafter, in terms of the said sub-rule, both the Village Officer and the Agricultural Officer together have to prepare a draft data bank of the paddy lands. In terms of sub-rule (2)(1)(b) of Rule 4, the LLMC concerned shall, thereupon, examine the draft data bank prepared under sub-rule 2(1)(a) of Rule 4 and finalize the same by making appropriate corrections therein, having regard to the satellite pictures of the lands. Sub-rule (4) of the Rules provides that the data bank finalized in terms of sub-rule (2)(1)(b) of Rule 4 shall be forwarded by the LLMC thereafter, to the Secretary of the concerned Local Self Government Institution and he shall cause the same to be notified in the Gazette. Sub-rule (4d) of Rule 4 provides that if anybody is aggrieved by any entry in the notified data bank, he can prefer an application before the Revenue Divisional Officer concerned and sub-rules (4e) and (4f) of Rule 4 provide that the Revenue Divisional Officer shall consider the same and make appropriate corrections in the data bank, after calling for the report of the Agricultural Officer concerned and also after inspecting the land and perusing the satellite picture of the land, if necessary.

6. Sub-rule (6) of Rule 4 which was in existence even at the time when sub-rule (4) of Rule 4 was amended in terms of SRO 902 of 2018, provides that if anybody is aggrieved by any entry in the notified data bank, he can prefer an application before the LLMC, and sub-rules (7) and (8) of Rule 4 provide that if an ap